A Redwood City DUI Lawyer Discusses Negligent Operator DMV Hearings for DUI

Posted on June 13, 2013

Judge Gavel

As your Redwood City DUI lawyer will explain, the negligent operator DMV hearing is an administrative review that examines the circumstances under which the Department of Motor Vehicles revokes your driver’s license after a DUI arrest.

How Is a Suspension of My License Determined?

When you are arrested for driving under the influence, one of the arresting officer’s responsibilities is to forward the information surrounding the arrest to the DMV. This includes any notes taken at the time, the results of blood, urine and breath tests, and any other related information. A DMV employee conducts a short examination of this information and at that point your license may be taken away. You have the right to contest this, and your Redwood City DUI lawyer may recommend that you request a negligent operator DMV hearing to review the suspension and possibly get your license back.

Am I on Trial?

No. This has nothing to do with the courts. It is only a hearing to contest the DMV’s decision to suspend your license. It will be presided over by a hearing officer employed by the DMV who is neither a judge nor a magistrate, and no jury is involved.

Who Decides Whether or Not to Hold the Hearing?

You do. Once the DMV has notified you that your license may be suspended, you have a specific period of time during which you can challenge the suspension by asking for the hearing. Your Redwood City DUI lawyer can be there with you, and can guide you through the proceedings.

Is a Negligent Operator Hearing Mandatory?

As your Redwood City DUI attorney can explain, the negligent operator DMV hearing is not required of you, but it is your right to request it if you feel your license might be taken unfairly or with insufficient cause.

Do I Need a Redwood City DUI Attorney?

Absolutely. Your experienced Redwood City DUI attorney will be familiar with the questions you are likely to face (prior offenses, alcohol or drug involvement, number of points on your license, etc.), and can help you prepare for them. Further, your DUI lawyer may be able to identify anything in your driving record that is favorable to your case and bring this information forward at your hearing, thus ensuring that nothing is overlooked. Finally, your DUI attorney can advise you as to how you should conduct yourself at the hearing.

Where Can I Get Help?

Are you in danger of having your driving privileges revoked because of a DUI arrest? Don’t delay. Contact your Redwood City DUI lawyer with at Silviera Law, (415) 795-3890 today.

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